Civil Procedure Code, 1908, Order 39, Rule 6 -- Sale of vehicle seized by Bank - Non-payment of loan - Recovery suit - Application U.O.39.R.6 CPC, ought to have been decided by Trial Court at the time of final order in suit itself - Moreover, to keep application pending while suit itself is decreed, is completely irrational - Vehicle has a limited life value which..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Non appearance due to ill health - Cancellation of bail - Accused if prevented by sufficient reasons to put appearance in Court, same cannot be construed as a deliberate and willful absence - Explanation offered appears to be justified and accepted - Order as to cancellation of bail set aside and accused to remain on..........
Civil Procedure Code, 1908, Order 37, Rule 3 - - Recovery suit - Leave to defend - Delay - Condonation of delay - Separate application to condone delay not absolutely necessary - Once some reasoning is given in the application seeking leave to defend suit, Court is required to go into grounds of delay, consider them and then pass a reasoned order accepting or rejecting..........
Civil Procedure Code, 1908, Order 1, Rule 10(4) -- Impleadment of a party - Allowed - Change in cause title only - After 8 years plaintiff filing application that on impleadment of a party he should have been given a right to amend the plaint - Plaintiff not disclosed the nature of amendments which he wanted to incorporate - Provision of O.1.R.10(4) CPC mandates to..........
Criminal Procedure Code, 1973, Section 167 -- Remand - Judicial Officers are mandatorily required to examine the record, whereafter to record their satisfaction with regard to the need and requirement of accused to be detained and kept in custody - In the instant case remand order passed in a very casual and a perfunctory manner - Petitioner directed to be released..........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Amendment of plaint - Application filed after commencement of trial - Order allowing amendment is not sustainable without there being a finding that in spite of due diligence, the party could not introduce amendment before commencement of trial - Order allowing amendment set aside...........
Criminal Procedure Code, 1973, Section 401 -- Revision - Dismissal on the ground of delay - Revision against order taking cognizance in Corruption case was dismissed on the ground of delay of 5 years in challenging said order - Though there was delay of 5 years in challenging order, however, High Court could have examined revision on merits rather than dismissing same on..........
Criminal Procedure Code, 1973, Section 482, 190, Indian Penal Code, 1860, Section 323, 504, 506, 354, 147 -- Quashing of summoning order - Order taking cognizance - Offence u/ss 323, 504, 506, 354, 147 IPC - Detailed cognizance order as well as summoning order passed by Magistrate with judicial application of mind to material available on record - Materials are sufficient..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Judicial order showing that defendants were duly served - However, said order not supported by the documents like service report and copy of summons - Presumption attached to correctness of judicial order thus not available - Claim of defendants to set aside ex parte..........
Criminal Procedure Code, 1973, Section 482 -- Registered sale deed executed under threat and coercion - Quashing of proceedings - Subsequently civil proceedings initiated to set aside sale deed - At times same facts may give rise to remedies both in civil and criminal law - Proceedings in the instant case cannot be quashed as not a single paisa was actually received by..........
